Proposed Rule2023-00817
Air Plan Approval; AK; Adoption and Permitting Rule Updates
Primary source
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Published
January 18, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Alaska State Implementation Plan submitted on May 16, 2022, and August 11, 2022. The revisions proposed for approval update Alaska's adoption by reference date for Federal regulations relied upon for implementation of the air program, including permitting requirements and air pollution test methods. The revisions also add procedures for electronic submission of documents for air permits and other authorizations, update air permitting and emission fees, add additional clarifying language to the fee provisions, and specify emissions inventory reporting requirements. The EPA is proposing to approve the submitted revisions as consistent with Clean Air Act requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 11 (Wednesday, January 18, 2023)</title>
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[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Proposed Rules]
[Pages 2873-2876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00817]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2022-0721, FRL-10452-01-R10]
Air Plan Approval; AK; Adoption and Permitting Rule Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Alaska State Implementation Plan submitted on
May 16, 2022, and August 11, 2022. The revisions proposed for approval
update Alaska's adoption by reference date for Federal regulations
relied upon for implementation of the air program, including permitting
requirements and air pollution test methods. The revisions also add
procedures for electronic submission of documents for air permits and
other authorizations, update air permitting and emission fees, add
additional clarifying language to the fee provisions, and specify
emissions inventory reporting requirements. The EPA is proposing to
approve the submitted revisions as consistent with Clean Air Act
requirements.
DATES: Comments must be received on or before February 17, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2022-0721, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://regulations.gov">regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not electronically submit any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not
[[Page 2874]]
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101, at (206) 553-0256 or
<a href="/cdn-cgi/l/email-protection#721a071c065c18171414321702135c151d04"><span class="__cf_email__" data-cfemail="3c544952481256595a5a7c594c5d125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'' and ``our''
mean ``the EPA''.
Table of Contents
I. Background
II. Evaluation of Submission
A. Updates to Adoption by Reference
B. Fees
C. Electronic Permit Application and Reporting Procedures
D. Emissions Inventory
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Each state has a State Implementation Plan (SIP) containing the
control measures and strategies used to attain and maintain the
national ambient air quality standards (NAAQS) established by the EPA
for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide,
ozone, particulate matter, sulfur dioxide). The SIP is governed by
section 110 of the Clean Air Act, and contains such elements as air
pollution control regulations, emission inventories, monitoring
network, attainment demonstrations, and enforcement mechanisms. The SIP
is a living compilation of these elements and is revised and updated by
the state to address changing air quality conditions in the state.
Alaska establishes state air pollution regulations in Alaska
Administrative Code Title 18 Environmental Conservation, Chapter 50 Air
Quality Control (18 AAC 50). The state then submits these provisions
for EPA approval. The EPA makes the provisions federally enforceable by
approving the provisions into the Alaska SIP in the Code of Federal
Regulations (CFR) at 40 CFR part 52, subpart C. Important air pollution
control measures in the SIP are the Alaska permitting programs designed
to limit emissions from new construction and modification of industrial
facilities, called stationary sources under the Federal Clean Air Act.
To ensure the permitting programs remain consistent with Federal
requirements, the state adopts specific parts of EPA air regulations by
reference as of a certain date and regularly submits the adoption
updates to the EPA for approval. Alaska also makes periodic changes to
state permitting programs to improve implementation and to address
changing air quality conditions.
II. Evaluation of Submission
A. Updates to Adoption by Reference
On May 16, 2022, Alaska submitted revisions to the SIP that update
the adoption by reference of certain Federal regulations. Alaska's May
16, 2022, submittal also included revisions regarding ice fog and
sulfur dioxide special protection areas, which are outside the scope of
this action and will be addressed in a separate, future proposed
rulemaking.
With respect to the adoption by reference of certain Federal
regulations, Alaska updated 18 AAC 50.035(b) which includes the
adoption by reference of Federal test procedures and methods for
determining compliance with the NAAQS contained in 40 CFR part 50,
Appendices A, C, D, F, G, J, K, L, N, P, Q, R, S and T, as well as the
recommended test methods for SIPs contained in 40 CFR part 51, Appendix
M. Alaska made no substantive changes to 18 AAC 50.035(b) since the
EPA's last approval on February 10, 2022 (87 FR 7722) other than
updating the adoption by reference date from July 1, 2019 to March 23,
2021. No other revisions to 18 AAC 50.035 were submitted for approval.
Therefore, we will continue to exclude 18 AAC 50.035 subsections
(a)(6), (a)(9), and (b)(4) which were not submitted for approval,
consistent with the current SIP.
Alaska also updated the adoption by reference date for Federal
regulations relied upon in 18 AAC 50.040(h) and (i) to implement
permitting programs designed to limit emissions from new and modified
stationary sources. In AAC 50.040(h), Alaska adopts by reference
specific provisions of 40 CFR 51.166 and 40 CFR part 52 related to the
Prevention of Significant Deterioration (PSD) permitting program which
regulates the construction or modification of major stationary sources
in areas designated by the EPA as having criteria pollutant
concentrations meeting the NAAQS, often called attainment or
unclassifiable/attainment areas. In AAC 50.040(i), Alaska adopts by
reference certain Federal permitting requirements contained in 40 CFR
51.165 related to the construction or modification of major stationary
sources in areas that the EPA has designated as having criteria
pollutant concentrations above NAAQS, called nonattainment areas.\1\
Alaska made no substantive changes to AAC 50.040(h) and (i) since the
EPA's February 2022 approval other than updating the adoption by
reference date from July 1, 2019, to November 24, 2020. Consistent with
the current SIP, Alaska did not submit subsections (a), (b), (c), (d),
(e), (g), (j) and (k) for EPA approval.
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\1\ For more information, please see ``technical support
documents Alaska Part D NSR 165 IBR memo'' included in the docket
for this action.
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We have evaluated the submitted adoption updates and propose to
approve them because these routine updates are designed keep state
requirements current with requirements for SIPs. Additional details on
the adoption updates may be found in the submission which is placed in
the docket for this action.
B. Fees
By state statute, the Alaska Department of Environmental
Conservation (ADEC) is required to evaluate permit administration fees,
compliance fees, and air quality emission fees every four years and
provide the results in a report. On August 8, 2022, Alaska revised 18
AAC 50.400(d) through (h) to update the fee provisions consistent with
the results of ADEC's 2021 Fee Study Report and submitted these changes
as an update to the SIP on August 11, 2022. A redline/strikeout
comparison of the updates to 18 AAC 50.400(d) through (h) is included
in the docket for this action (comparison.docx). In addition to
updating the fees, ADEC added clarifying language and added additional
language to address certain source categories such as asphalt plants,
rock crushers, and portable oil and gas operations.
We have evaluated the submitted fee revisions and propose to
approve them because these routine updates are an important component
of administering an effective air permitting program. This includes,
where applicable, the Clean Air Act section 110(a)(2)(L) requirements
related to the construction or modification of major stationary
sources. Clean Air Act section 110(a)(2)(L) requires that the owner or
operator of a new or modified major stationary source pay the
permitting authority the reasonable costs of reviewing and acting upon
any application for such permit and the reasonable costs of
implementing and enforcing the terms and conditions of the permit.
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C. Electronic Permit Application and Reporting Procedures
As discussed in the state's October 20, 2021, public notice
included in the docket for this action, ADEC added a new section 18 AAC
50.270 that established requirements and procedures for electronic
submission of documents for air permits, reporting, and other
authorizations. Specifically, under 18 AAC 50.270(a), if an electronic
form is available within ADEC's permittee portal for records or
information required by the department, a person shall submit that
information electronically using the designated form. Importantly,
under 18 AAC 50.270(b), if a person does not have reasonable access to
equipment necessary to access the permittee portal, the department may
approve submission by alternative methods, including by letter, form,
or electronic mail. Under 18 AAC 50.270(c), ADEC established a one-year
deadline (September 7, 2023) for submission of existing forms using the
permitting portal, and the provisions of 18 AAC 50.270(d) though (g)
outline the procedures, timelines, notification, public participation,
and electronic test environment for new forms added to the permitting
portal. We have reviewed 18 AAC 50.270 and are proposing to approve
this new section as consistent with the Clean Air Act. We also note
that pursuant to the Cross-Media Electronic Reporting Rule (CROMERR)
the EPA already approved Alaska's request to revise its EPA-authorized
programs to allow electronic reporting under 40 CFR parts 51, 52, 60
through 63, and 70 via the Air Online Service System (AOS) for
electronic reporting.\2\ The permittee portal is a part of AOS.
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\2\ See 80 FR 48531 (August 13, 2015).
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D. Emissions Inventory
ADEC also added a new section 18 AAC 50.275 that requires sources
to use consistent pollutant-specific emissions factors and calculation
methods for all reporting requirements under 18 AAC 50. Specifically,
subsection (a) requires all stationary sources operating in the state
to report actual emissions, either upon request or to meet individual
permit requirements, so that the state can meet Federal reporting
requirements under 40 CFR part 51, subpart A. Subsection (b) requires
that for the purposes of reporting potential, actual, or assessable
emissions under any requirement of 18 AAC 50, stationary sources shall
use consistent pollutant-specific emissions factors and calculation
methods for all reporting requirements. In its April 18, 2022, response
to comments included in the docket for this action, ADEC explained the
purpose of the new section was, ``for a stationary source that reports
emissions under one set of regulatory requirements (e.g., annual
emission fees) and again under a second regulatory requirement (e.g.,
annual compliance certification) that the stationary source will use
the same emission factor in both calculations, and not `cherry pick'
which emission factor works best for a given situation. The Department
is finding multiple reports that often do not align and yet purport to
report the same input value (actual emissions), because different
emission factors were used trying to achieve some leverage on reported
values.'' The response to comments further explained that the new
section 18 AAC 50.275 will simplify reporting requirements for the
regulated community and data validation for ADEC. We have reviewed 18
AAC 50.275 and are proposing to approve this new section as consistent
with the Clean Air Act.
III. Proposed Action
The EPA is proposing to approve, and incorporate by reference,
certain regulatory revisions to the Alaska SIP submitted on May 16,
2022, and August 11, 2022, as described in section II of this preamble.
We are proposing to determine that these revisions are consistent with
Clean Air Act (CAA) section 110, as well as CAA part C and D
requirements for the permitting of major stationary sources. Upon final
approval, the Alaska SIP will include the following regulations:
<bullet> 18 AAC 50.035 Documents, Procedures and Methods Adopted by
Reference, except (a)(6), (a)(9), and (b)(4), state effective April 16,
2022, which adopts by reference certain Federal test procedures and
methods for determining compliance with the NAAQS;
<bullet> 18 AAC 50.040 Federal Standards Adopted by Reference,
except (a), (b), (c), (d), (e), (g), (j) and (k), state effective April
16, 2022, which adopts by reference certain Federal regulations for the
permitting of new or modified major stationary sources;
<bullet> 18 AAC 50.270 Electronic Submission Requirements, state
effective September 7, 2022, which establishes requirements and
procedures for the electronic submission of permitting forms and other
documents;
<bullet> 18 AAC 50.275 Consistency of Reporting Methodologies,
state effective September 7, 2022, requiring consistent methodology in
reporting air emissions;
<bullet> 18 AAC 50.400 Permit Administration Fees, except (a), (b),
(c), and (i), state effective September 7, 2022, which establishes
permit administration fees, compliance fees, and air quality emission
fees.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the provisions described in sections II and III of this
preamble. The EPA has made, and will continue to make, these documents
generally available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA
Region 10 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Under the CAA, the EPA Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or
[[Page 2876]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of the requirements would be inconsistent
with the CAA; and
<bullet> Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking would not apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rulemaking does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 11, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.
[FR Doc. 2023-00817 Filed 1-17-23; 8:45 am]
BILLING CODE 6560-50-P
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